Hughes v. Waltham Forest Health Authority [1991] 2 Med LR 155, CA

Two specialist surgeons, after some consideration performed an operation in which they were skilled and experienced. The surgery was unsuccessful to the considerable detriment of the patient. The court a quo found that the surgeons had been negligent and awarded damages. The surgeons appealed and it was held that they had not been negligent, even if two other distinguished surgeons disagreed with their decision and it had turned out to be mistaken, because the test for negligence is whether in reaching the decision the surgeons had displayed such a lack of clinical judgement that no other surgeon exercising proper care could have reached the same decision.

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